Criminal State of Mind
In general, a criminal conviction requires that the defendant act with a "guilty mind." The law typically requires that a defendant act intentionally in order to be guilty. It generally excuses unintentional conduct, but it often punishes reckless behavior. Look below for more about state-of-mind requirements in criminal law.
What makes a crime a crime?
With the overwhelming majority of crimes, defendants must act intentionally—or at least recklessly—in order to be guilty.
There are exceptions, but the overwhelming majority of crimes don’t require that the defendant know that his or her conduct is illegal.
Understand when criminal negligence or recklessness can mean time behind bars.
Learn about the criminal concepts of premeditation and deliberation as elements of intent.
Motive is the term used to explain why a person committed a crime. Motive is not the same as intent.
Each crime has its own set of elements—components that the prosecution must prove in order to establish the defendant’s guilt. Almost all crimes have a mental-state element.
Usually, prosecutors must show that the defendant acted intentionally or knowingly. But, with strict liability crimes, the prosecution doesn’t need to prove that a defendant intended to do something that's illegal.
“Mistake of fact” generally refers to a mistaken understanding by someone as to the facts of a situation—the mistake results in the person committing an illegal act.
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